[Download] "Benewah County Cattlemen's Association v." by Supreme Court of Idaho No. 13516 # eBook PDF Kindle ePub Free
eBook details
- Title: Benewah County Cattlemen's Association v.
- Author : Supreme Court of Idaho No. 13516
- Release Date : January 26, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
This is an appeal from a judgment in an action brought in the nature of a declaratory judgment seeking to have declared invalid a county ordinance which prohibited livestock from running at large, from grazing on property other than that of the owner, and requiring the erection and maintenance of fences by owners of livestock. The magistrate court found the ordinance to be valid, which holding was affirmed on appeal to the district court. Likewise, we affirm. The facts of this action are largely agreed upon and the only issues presented are questions of law. For at least 60 years, cattle and other livestock have freely roamed and grazed on unenclosed lands within Benewah County. At the initiation of this action there were some 57 cattle ranchers in Benewah County; many never fenced their lands and have allowed their cattle and livestock to freely graze and roam, although some ranchers have fenced their lands and allowed their livestock to graze only within their own fenced lands. Apparently, prior to the enactment of the ordinance in question, no ordinance prohibited livestock from running at large.